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A licensed organization conducting lawful gambling within the city must expend 80% of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. The
CITY'S TRADE AREA shall be defined as the boundaries of the city and shall include any city contiguous to the boundaries.
(Prior Code, § 9.2-3) (Ord. 735, passed - -)
An organization applying for or renewing a gambling premises permit pursuant to M.S. § 349.213, Subd. 2, as may be amended from time to time, shall be assessed an investigation fee at a rate set annually by resolution of the City Council. This section shall not apply to an application to conduct gambling exempt from licensing by M.S. Ch. 349, as may be amended from time to time.
(Prior Code, § 9.2-4) (Ord. 735, passed - -; Ord. 762, passed - -)
MECHANICAL AMUSEMENT DEVICES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMUSEMENT CENTER. The operation by any person of six or more machines for public use upon premises solely within one enclosure where the enclosed premises are devoted exclusively to the operation of mechanical amusement devices.
MACHINE. A mechanical amusement device of any of the following types:
(1) A machine or contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey and similar games and like devices, machines or games which may be played solely for amusement and not as gambling devices and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which the devices or machines are located, and which contain no automatic pay-off devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that, the machine may be equipped to permit a free play or game.
(2) Amusement devices designed for and used exclusively as rides by children such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses and other miniature mechanical devices not operated as a part of or in connection with any carnival, circus, show or other entertainment or exhibition.
(Prior Code, § 12-12) (Ord. 504, passed - -)
(A) (1) No person shall keep, operate, maintain or permit to be operated or maintained upon premises within his or her direct or indirect control within the city any machine, unless the person shall have first procured a license as hereinafter provided.
(2) No person shall own, operate or permit operation of an amusement center on premises owned, leased or operated by him or her, or engage in the business of operating an amusement center, in the city unless an annual amusement center license has been obtained. The amusement center license shall be in lieu of any other license required by this subchapter and specifically division (D) below. A person, firm, partnership or corporation licensed as an amusement center shall be exempt from the provisions of divisions (G)(1) and (2) below.
(Prior Code, § 12-13)
(B) The application for the licenses shall contain the following information:
(1) Name and address of the applicant, age, date and place of birth;
(2) Prior convictions of applicant, if any;
(3) Place where machine or device is to be displayed or operated and the business conducted at that place; and
(4) If the interest of the applicant be that of a corporation or other business entity, the name of any persons having a 5% or more interest in the business entity shall be listed.
(Prior Code, § 12-14)
(C) (1) Each applicant for a license to operate or maintain a machine of the type described in § 111.20 shall pay an annual license fee at a rate set annually by resolution of the City Council, with a minimum license fee at a rate set annually by resolution of the City Council per applicant.
(2) Each applicant for a license to operate or maintain a machine of the type described in § 111.20 shall pay an annual license fee at a rate set annually by resolution of the City Council per machine.
(3) Each applicant for a license to operate or maintain an amusement center of the type described in § 111.20 shall pay an annual license fee at a rate set annually by resolution of the City Council, which shall permit the applicant to operate an amusement center having up to 15 machines, with an additional license fee at a rate set annually by resolution of the City Council per machine per annum for each machine in excess of 15 operated or maintained at the amusement center. Provided, however, that, no applicant shall be permitted to have more than 25 machines.
(4) Licenses shall cover an annual period from January 1 through December 31 for each year hereafter; provided, however, that, the initial license fee for each applicant shall be prorated as of the date of the application therefor.
(5) The application for license shall then be presented to the City Council for consideration and, if approved, the City Council shall issue the license to the applicant.
(Prior Code, § 12-15)
(D) If the machine is of the type described in § 111.20, the applicant shall also submit with his or her application a policy of liability insurance applicable to death or injury caused by the operation of the licensed machine in the minimum amounts of $100,000 for injury to or death of any person or $300,000 for one accident.
(Prior Code, § 12-16)
(E) (1) Application for license shall be made in duplicate and one copy shall be referred to by the Chief of Police or his or her designated inspector who shall investigate the location wherein it is proposed to operate the machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application. No license shall be issued to any applicant unless approved by the Chief of Police or his or her designated inspector.
(2) Each machine licensed under this subchapter shall be inspected by the Police Department, which shall affix a plate or tag to each machine evidencing its being licensed under this subchapter.
(Prior Code, § 12-17)
(F) The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
(Prior Code, § 12-18)
(G) (1) The license may be transferred from one machine or device to another similar machine.
(2) Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him or her.
(3) Licenses are issued for one location only and the licenses are nontransferable between locations.
(Prior Code, § 12-19)
(Ord. 504, passed - -; Ord. 762, passed - -)
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